Loading...
HomeMy WebLinkAboutNCG210439_NOD_20201030ROY COOPER Governor MICHAEL S. REGAN Secretory BRJAN WRENN Dirr. rtnr -CERTIFIED MAIL RETURN RECEIPT REQUESTED 7017 2680 0000 2235 6607 Apex Nurseries, Inc. Attn: Mr. Will Copeland 2925 NC Hwy 751 Apex, NC 27523 NORTH CAROLINA Environmental Quality October 30, 2020 Subject: NOTICE OF DEFICIENCY (NOD-2020-PC-0478) Apex Nurseries Yard 1, Yard 2, and Yard 3 NPDES Stormwater Permit Nos. NCG210436, NCG210437, NCG210439 Chatham County Dear Mr. Copeland: On August 27, 2020, Thad Valentine and Lauren Garcia, inspectors with the Raleigh Regional Office of the Division of Energy, Mineral, and Land Resources (DEMLR), conducted a compliance inspection for the Apex Nurseries facilities located at 2925 NC Highway 751, Apex in Chatham County, North Carolina. For your reference, a copy of the inspection report issued by DEMLR is enclosed. Permit coverage authorizes the discharge of stormwater from the facilities to receiving waters designated as Mill Branch, a class WS-IV, NSW water in the Cape Fear River Basin. Apex Nurseries, Inc, is divided into three yards. Each yard has been covered separately under the NCG210000 General Stormwater Permit (Yard 1: NCG210436, Yard 2: NCG210437, and Yard 3: NCG210439). Apex Nurseries has developed a Stormwater Pollution Prevention Plan (SPPP) for each facility/yard. An in-depth review of the SPPPs, additional provided documentation, DMRs, and conditions observed during the compliance inspection revealed the following: 1. Not all required components of the SPPPs have been developed and implemented, 2. Analytical monitoring has not been completed to the specifications outlined in the permit, and 3. Tier I response actions have not been conducted following benchmark exceedances at various-outfz lls. QDUF--��,, Nprth Carolina Dcparuncnt nF EnL ironuicns,d (?ualitg Uivi3ian of Ent gy, htincral and Land Rcso�irces �} Eta=nigh Regiona] bt3irc 1628 41all Srrvi. (.Center 13800 Barrel Drina: I Raleigh, NorlhCarolina 27601) Notice of Deficiency Apex Nurseries, Inc. October 30, 2020 Page 2 of 5 To correct the SPPP deficiencies, you must: Site Overview Narrative Description: a) include storage practices for the mulch indicating the general storage areas and the loading and unloading areas Site Map: a) clearly mark the pen -nit boundaries for each pennitted yard b) include industrial acts in each area, including all material, equipment, storage structures and areas. Also, clearly show all water features throughout the site including ponds, streams and any diversions c) list the total drainage area contributing to each outfall and flow arrows throughout the site d) correct the scale List of Significant Spills or Leaks: a) provide dates of releases for the last three years. If there were no releases, note `no release' for that year. Document the previous tannin release as a spill occurrence Stormwater Management Strategy • Secondary Containment Requirements and Records: a) all fuel, dye, oil, and other hazardous substances must be sealed (if applicable), stored in proper secondary containment, documented in the SPPP and included on your site map BMP Summary: a) include structural BMPs present onsite (swales and berms, vegetative areas etc.) Spill Prevention and Response Procedures a) facility personnel responsible for implementing the SPRP must sign and date next to their name acknowledging their responsibilities in the plan b) Spill response procedures need to be developed and documented 6 used_oil-and.leachate fromAnulch piles must -be -included -as potential pollutants d) clearly outline the procedures for cleaning up spills Notice of Deficiency Apex Nurseries, Inc. October 30, 2020 Page 3 of 5 Preventative Maintenance and Good Housekeeping Program a) outline the inspection, maintenance, and housekeeping schedules for BMP's, onsite equipment storage and maintenance areas, and onsite systems that present a potential for stormwater exposure or stormwater pollution b) outline the inspection and maintenance procedures for material handling areas c) All inspections, maintenance, and housekeeping activities should be recorded in the SPPP as part of the pen -nit requirements Facility Inspections a) conduct and document semi-annual facility inspections. These inspections are separate from the qualitative inspections conducted at outfalls and are a requirement for permit compliance. Employee Training a) conduct annual stormwater training using handouts, power points or other types of training. A sign -in sheet is a required and should kept within the SPPP SPPP Amendment and Annual Update a) the SPPP must be updated annually with a date and signature provided b) the pennittee must sign and date the SPPP whenever it is amended To correct the analytical monitoring deficiencies, you must take samples at every stonnwater discharge outfall during the timeframes and following the procedures outlined in the permit. Each sample must be tested for the required parameters. If the monitoring results indicate parameter benchmarks have been exceeded, you must immediately initiate Tier I response actions and proceed accordingly. Compliance Timeline A follow-up inspection will occur within 45 calendar days of the receipt of this notice to ensure nidteiTais have been placed in we ieyuired 5 cundary containment;'sttii-616' properly, or removed from the site. At the time of the inspection, you must provide DEMLR with copies of Notice of Deficiency Apex Nurseries, Inc. October 30, 2020 Page 4of5 the corrected SPPPs for each yard with all the additional information required and outlined above as well as any other requirements not listed but found in the permit. As of March 1, 2019, Apex Nurseries, Inc. and the North Carolina Department of Environmental Quality (DEQ) through DWR entered into a Settlement Agreement wherein Apex Nurseries, Inc was required to abide by the terms of the Agreement. It should be noted that abiding by the requirements of this Notice of Deficiency will be considered by DWR in the evaluation of the fulfillment of that settlement agreement. We solicit your cooperation and would like to avoid taking further enforcement action. At the same time, it is your responsibility to understand and comply with the requirements of the NCG21 general permit. Should you have questions concerning this notice please contact Thad Valentine or me at your earliest convenience. Sincerely, (J William H. Denton, IV, PE Land Quality Section WHD'twv Enclosures: Inspection Reports cc: Matt Gantt, DEMLR Section Chief matt.gantt a ncdenngou Scott Vinson, DWR Raleigh Regional Supervisor scott.vinsonancdcnr.gov Annette Lucas, Stonnwater Program Manager annette.lucasat nedcling_ov Stormwater Program File Notice of Deficiency Apex Nurseries, Inc. October 30, 2020 Page 5 of 5 Additional Notes - As of March 1, 2019, Apex Nurseries, Inc. and the North Carolina Department of Environmental Quality (DEQ) through DWR entered into a Settlement Agreement whereby Apex Nurseries, Inc was required to abide by the terms of the Agreement. In the event Apex Nurseries, Inc fails to comply with any conditions of the Agreement, the full amount of the civil penalty assessment, i.e. $46,497.96, minus the amount paid pursuant to the settlement amount will be immediately owed to DWR. Failure within thirty days of receipt of written demand by DWR to pay this amount will be grounds for collection action. The Agreement outlines specific conditions in addition to those required by compliance with the NCG 210000 General Permit. One of several involves additional analytical and qualitative monitoring: "In addition to the monitoring requirements under the NCG21, within 90 calendar days (June 2, 2019) of the execution of the Agreement, Apex Nurseries, Inc. will commence visual monitoring of each mulch pile, areas surrounding each mulch pile, loading areas, traffic areas, ditches, and swales to ensure that thick vegetative cover is maintained and that rills, gullies, and erosion are not forming or occurring. Apex Nurseries shall conduct monitoring on a monthly basis and within 24-hours after any rain event of 1 inch or greater, until October 31, 2019. From November 1, 2019 until March 31, 2020, Apex Nurseries, Inc. shall conduct monitoring on a weekly basis. Beginning April 1, 2020, Apex Nurseries, Inc. will begin semi-annual monitoring consistent with the NCG21. Observations during monitoring events shall be recorded in a monitoring log, consistent with the general requirements of the NCG21. Observations recorded in the monitoring log shall be sufficiently detailed so as to verify that measures required under the Agreement are being successfully implemented and accurately documented." This serves as notification that monitoring has not been conducted in accordance with the schedule outlined in the Agreement.